Bombay High Court

LAXMIBAI BABU BARI AND ORSversusTHE COLLECTOR JALGAON

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the delay, allowed the cross‑objection to be registered, but denied interest and statutory benefits for the period of delay.

Summary

The applicants filed a civil application seeking condonation of a 1,538‑day delay in filing a cross‑objection to enhance compensation. They argued that they have a statutory right to seek increased compensation and thus should be given an opportunity to be heard. The court examined the reasons for the delay as set out in the application and, applying principles of equity, decided to condone the delay. It ordered that the cross‑objection be registered and listed with the first appeal, but clarified that the applicants would not be entitled to interest or statutory benefits for the period of delay. Consequently, the civil application was allowed.

Issues considered

Whether a delay of 1,538 days in filing a cross‑objection can be condoned under civil procedure law
Whether the applicants are entitled to interest and statutory benefits despite the condoned delay

Subjects

condonation of delay
cross objection
civil procedure
statutory benefits
interest
court order

Judgment

2026:BHC-AUG:41266

                                                       1
                                                                       935-ca-10113-2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                   CIVIL APPLICATION NO. 10113 OF 2026
                                          IN X-OBJST/20514/2026

                                       Laxmibai Babu Bari And Ors
                                                 VERSUS
                                           The Collector Jalgaon
                                                    ...
                     Ms. Renuka Pawar h/f Mr. V. P. Patil, Advocate for Applicants
                     Mr. S. P. Sonpawale, AGP for Respondent-State
                     Mr. S. S. Chillarge, Advocate for Respondent nos.3 and 4
                                                    …..
                                           CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 04TH SEPTEMBER, 2026
                     P.C. :-

                     .         This application is filed for condonation of delay caused

                     in filing the Cross Objection.

                     2.        It is submitted by learned Advocate for the applicants

                     that the reasons seeking condonation of delay have been

                     stated in the application. It is further submitted that the

                     applicants have a statutory right to seek enhancement of

                     compensation and for that an opportunity needs to be given to

                     them by condoning the delay and hearing them in the Cross

                     Objection.

                     3.        Mr. S. S. Chillarge, learned Advocate for respondent

                     nos.3 and 4 and learned AGP for respondent State would pray

                     to pass appropriate orders.
                                   2
                                                     935-ca-10113-2026

4.      Considering that this application is filed in Cross

Objection by the claimants, I deem it appropriate to allow the

application condoning the delay caused in filing the Cross

Objection. Hence, considering the reasons justifying the delay

as stated in the application and for the reasons recorded

above, I pass following order:

                                ORDER

        a.       Civil Application stands allowed.
        b.    The delay of 1538 days caused in filing the
        Cross Objection stands condoned.
        c.       Cross-Objection be registered.
        d.     It is made clear that the applicants shall not
        be entitled for the interest and statutory benefits
        for the period of delay.
        e.       Civil Application stands allowed.

CROSS OBJECTION ST. NO.20514 OF 2026
.       Issue notice to the respondents. Learned AGP waives

service of notice for respondent nos.1 and 2. Learned

Advocate Mr. S. S. Chillarge waives service of notice for

respondent nos.3 and 4.

2.      Cross Objection be listed alongwith the First Appeal.



                                       ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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